Attorneys who are interested in helping survivors of sex trafficking are invited to access a litigation guide for Illinois’ Justice for Victims of Sex Trafficking Act.
End Demand Illinois passed this law in 2011, and it allows survivors of sex trafficking to petition a judge to vacate prostitution convictions that resulted from being trafficked. EDI created this litigation guide as a resource for attorneys who participated in our trainings. The guide was updated in 2013 to reflect changes to Illinois' human trafficking code. The litigation guide is now available to interested attorneys and gives a step-by-step guide for preparing and filing a petition.
Disclaimer About Use of this Guide
This manual is intended to introduce attorneys representing trafficked clients to the basic elements of Illinois’ law permitting the vacature of prostitution convictions. This manual should not be interpreted as giving legal advice. The unauthorized rendering of legal advice, including the interpretation of these materials for a trafficking victim by individuals not licensed to practice law, should not occur under any circumstances. This manual should not be used by non-attorneys as a substitute for retaining counsel as it was not designed for individuals representing themselves. Individuals representing themselves should contact one of the legal consultation referrals listed on page 37 of this manual for assistance with their potential claims. A civil attorney, preferably one who has previous experience with litigation on behalf of victims of exploitation, is in the best position to provide sound legal advice. The content of this manual is not exhaustive of the laws and litigation strategies available to trafficked persons. The case law cited is current as of the date of this manual. It is presumed that all attorneys using this manual will shepardize any case law used. This manual is not to serve as a replacement for independent research of legal claims and strategy tailored to the circumstances of a particular case.
Anyone who has questions about the litigation guide should email CAASE’s Policy and Advocacy Director Lynne Johnson at firstname.lastname@example.org.
To learn more about the Justice for Victims of Sex Trafficking Crimes Act, read a summary here.
Below, Kate Mogulescu, staff attorney at New York Legal Aid Society, presents at an End Demand Illinois training for attorneys in January 2012. Ms. Mogulescu has successfully used a similar law in New York to help survivors of sex trafficking vacate their prostitution convictions.